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HomeMy WebLinkAboutNOTICE OF DECISION (3) f < V„ --2007 3 PLANNING DEPARTMENT 2031 0(C T 2"2 Fl"I G8 Community Development Division 1600 Osgood Street 3 ` North Andover,Massachusetts, 01845 Prone:978.688.9535 Fax: 978.688.9542 NOTICE OF DECISION This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of a ppeal. Any appeal shall be riled yce A,Bradshaw within (20)days after the Town B date of riling this notice in the office of the Town Clerk. Date: September 19,2007 Date of Hearing(s): September 4,2007, September 18,2007 Date of Decision: September 18,2007 Petition of- United Methodist Church 640 Great Pond Road North Andover,MA 01845 Premises Affected: 660 Great Pond Road, North Andover, MA 01845, Map 63, Parcel 11 within the R-1 zoning district. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136.3(cii),(1)&(5). So as to allow: to relocate the access roadway and construct a portion of the new paved access roadway to the Rolling Ridge facility and driveway to the existing residential dwelling, associated grading work, drainage/storm water management improvements within 100 feet from a delineated wetland resource area within the Non-Disturbance buffer zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by John Simons and 2nd by Richard Rowen to APPROVE a Watershed Special Permit as amended and based upon the following conditions. Vote was in favor of the application. / On behalf idover Planning Board Richard Nardella,Chairman John Simons,Vice-Chairman Alberto Angles Richard Rowen Jennifer Kusek Tim Seibert ATTES`f; A 'Prue Copy Town Clerk 1 660 Great Pond Road Map 63,Parcel 11 Watershed Special Permit—Relocation and construction of new access roadway and driveway. The public hearing on the above referenced application was opened on September 4, 2006 and closed by the North Andover Planning Board on September 18, 2007. On September 18, 2007, upon a motion made by John Simons, and seconded by Richard Rowen to GRANT a Watershed Special Permit as amended in order to relocate the access roadway and construct a portion of the new paved access roadway to the Rolling Ridge facility and driveway to the existing residential dwelling, associated grading work, drainage/storm water management improvements within 100 feet from a delineated wetland resource area within the Non- Disturbance buffer zone of the Watershed Protection District. The proposed access roadway and driveway is located at 640 & 660 Great Pond Road, North Andover, Massachusetts, 01845, Assessors Map 63, Parcel 11 and is located within the Non-Disturbance and Non- Discharge Zones of the Watershed Protection District under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by United Methodist Church, 640 Great Pond Road,North Andover,MA 01845. The applicant submitted a complete application,which was noticed on August 6, 2006, and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The lot was created before 1994 and is subject to the Watershed Protection District provisions for lots before October 24, 1994. The Planning Board voted on the motion by of 6-0 in favor of the Special Permit. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed relocation and construction of access road and driveway will improve access and safety into the Rolling Ridge facility by increasing site distance on Great Pond Road and upgrading the roadway from 16 feet to 24 feet. Upon completion of the access roadway, the existing entrance and portion of the roadway and paved driveway, will be removed and returned to its natural state. Further,the existing single-family residence is connected to the Town sewer and water systems from Great Pond Road; b) The topography of the site will not be altered substantially. The proposed access road and driveway were specially designed and centrally located on Great Pond to minimize the amount of grading/topographical changes and take advantage of natural features of the property. Further, the access roadway and driveway have been constructed to avoid delineated wetland resource areas on the property. The construction of the proposed stormwater management measures and erosion control measures will use Best Management and Engineering Practices and not substantially alter the topography of the site; c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed access road and driveway as shown on the plan; and 2 660 Great Pond Road Map 63,Parcel 11 Watershed Special Permit—Relocation and construction of new access roadway and driveway. d) The construction of the drainage and storm water management plan has been reviewed by the Town Engineer and Town Planner and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick and will mitigate storm water runoff on to Great Pond Road. 2) There is no reasonable alternative location outside the Non-Discharge and Non-Disturbance Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The relocation of the access roadway will improve site distance for traffic entering and exiting the property from Great Pond Road; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use. The drainage and storm water management design will mitigate storm water runoff on to Great Pond Road; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior To Any Work On Site: oil a. A performance guarantee of tTm-thousand dollars ($1,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. The site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to issuance of a building permit: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans 3 660 Great Pond Road Map 63,Parcel 11 Watershed Special Permit—Relocation and construction of new access roadway and driveway. must be delivered to the Planning Department. b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. e. The plans for the stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site and away from residential properties. Any approved piles must remain covered at all times to minimize potential dust and the project owner will be required to install appropriate erosion control measures to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water management services and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition# 11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 10) This special permit was issued on September 18, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on September 18, 2009 unless substantial use or construction has commenced. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: 4 660 Great Pond Road Map 63,Parcel 11 Watershed Special Permit—Relocation and construction of new access roadway and drivex ay. Plan titled: 660 Great Pond Road (� e �; North Andover,Massachusetts Grading Plan Prepared for: United Methodist Church 640 Great Pond Road North Andover, Massachusetts Prepared by: DK engineering Associates,Inc. 87 Indian Rock Road P.O. Box 4260 Windham,NH 03087 Scale: 1"=20' Date: 7/27/07,revised 9/9/07 Sheets: 2 5 k 11053 P9131 256 02­01­2008 & 12243v COVER ,SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE ILI GRANTOR GRANTEE (oo Oreat 47viao ADDRESS OF PROPERTY CITY/TOWN TYPE OF DOCUMENT MLC ASSIGNMENT TYPE DEED 6D MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFIDAVIT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER D .. (l DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 exnxnxr lcexxrs+onnprinarla nnm United Methodist Church 660 Great Pond Road Map 63, Parcel 11 North Andover, MA 01845 DEED RESTRICTION 1. Reference is made to land owned by United Methodist Church, described as Map 63, Parcel 11,within the R-1 Zoning district, Town of North Andover, Massachusetts. 2. Said land ("Land"), located at 660 Great Pond Road in said North Andover, is more particularly described in a deed dated July 2, 1993 recorded in Essex North District Registry of Deeds at Book 3773, Page 65. 3. On September 18, 2007, the North Andover Planning Board unanimously approved the Application of United Methodist Church for a Watershed Special permit to allow for the relocation of the access roadway and construction of a portion of the new paved access roadway to the Rolling Ridge facility and drive3way to the existing residential dwelling, associated grading work, drainage/storm water management improvements within 100 feet from a delineated wetland resource area within the Non-Disturbance buffer zone of the Watershed Protection District, under the requirements of Section 4.136.3(cii), (1) &(5) of the North Andover Zoning Bylaw. 4. A copy of the Decision of the North Andover Planning Department is attached hereto. 5. On Page 3 of said decision there are listed conditions to said Watershed Special Permit, identified in said Permit on pages 3 and 4, thereof as SPECIAL CONDITIONS. One of the said conditions is set forth under item 3. "Prior to the issuance of a building permit." Sub item c. of item 3 on said page 4 is as follows: "No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance within 325'of Lake Cochichewick or within 325'of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file." 6. The owner of the Land hereby incorporates all references to pesticides, fertilizers or chemicals contained in the approved Watershed Special Permit as a deed restriction to the above-referenced deed. 7. The owner and successors in title shall forever adhere to the conditions set forth in the Decision of the North Andover Planning Department, item 3.c. as filed with said Planning Board. 8. Said condition shall run with the land and may not be waived, altered, or changed in any respect without the specific prior written consent of the North Andover Planning Board. THIS DEED RESTRICTION IS DATED THIS 3 P'DAY OF JANUARY 2008, BY A DULY AUTHORIZED REPRESENTATIVE OF UNITED METHODIST CHURCH. LARRY J. ACOCK DULY AUTHORIZED REPRESENTATIVE COMMONWEALTH OF MASSACHUSETTS ESSEX, ss January 31, 2008 Then personally appeared the above-named Larry J. Peacock, duly authorized representative, and acknowledged this instrument to be free act and deed of United Methodist Church, before me. A-L wry ---------- -------- Notary Puvrc; Comm.